"fire guardian" means a person appointed as a fire guardian by the minister or by a municipality under this Act; (« garde-feu »)

"industrial operation" means an activity carried on in connection with the development or maintenance of agriculture, natural resources utilization, industry, construction, public works, public utilities or surveys and includes any other activity that may be so specified in the regulations; (« activité industrielle »)

"matter" means matter, material, substance or thing; (« matière »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" means

(a) a municipality as defined by The Municipal Act,

(b) a local government district incorporated or continued under The Local Government Districts Act, or

(c) a city, town or village; (« municipalité »)

"officer" means

(a) a person employed by the department in connection with the administration and enforcement of this Act,

(b) a fire guardian appointed under section 5 or 14,

(c) the Fire Commissioner, the Deputy Fire Commissioner or an Assistant Fire Commissioner for Manitoba,

(d) a member of the Royal Canadian Mounted Police,

(e) a park warden of a national park as defined by the National Parks Act (Canada),

(f) a police officer appointed under federal or provincial legislation, and

(g) a person designated as an officer by the minister or by regulation; (« agent »)

"outdoor fire" means a fire that is started outdoors but does not include a fire that is started in, and remains contained within, a container or fire pit that is approved by an officer; (« feu extérieur »)

4The minister may delegate to an officer any power, duty or function conferred on the minister by this Act, other than the power to make regulations.

Provincial fire guardians

5The minister may appoint fire guardians to carry out the provisions of this Act and the regulations and may cancel an appointment at any time.

PART 3

POWERS

Ministerial powers

6The minister may, on behalf of the Government of Manitoba, enter into agreements respecting wildfire protection operations with

(a) the Government of Canada;

(b) the government of a province;

(c) the government of the United States of America or any of its states;

(d) a band as defined by the Indian Act (Canada);

(e) a municipality; or

(f) any other person.

Officer's power of arrest

7(1) An officer who finds a person violating a provision of this Act or the regulations may arrest the person committing the offence and bring him or her before a court of competent jurisdiction to be dealt with according to law.

Officer's power of entry for fire

7(2)For the purpose of wildfire protection operations, an officer or a temporary fire guardian may without a warrant enter on or pass over any land, or enter any premises, vehicle or machinery which is on fire, or which the officer or temporary fire guardian has reasonable grounds to believe is threatened by fire.

Officer's power of entry for fire hazard

7(3)For the purpose of wildfire protection operations, an officer or a temporary fire guardian may, without a warrant enter on or pass over any land, or enter a vehicle, or premises other than a private dwelling which the officer or temporary fire guardian has reasonable grounds to believe constitutes a fire hazard.

Officer's power to issue order re fire hazard

7(4)An officer who finds conditions that in his or her opinion constitute a fire hazard, may issue an order to the owner, occupant, lessee or person in charge of the land, premises, vehicle or machinery on which the fire hazard exists, to reduce or remove the hazard at his or her own expense within a fixed time and in a manner prescribed by the officer.

Officer's power of entry to control fire hazard

7(5)An officer who finds that an order made under subsection (4) has not been complied with, may enter on the land, premises, vehicle or machinery with any equipment and persons that the officer considers necessary, and may reduce or remove the fire hazard.

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there exists on any land, premises, vehicle or machinery any matter that will afford evidence of the offence;

may, with a warrant issued under subsection (7), enter, and search the land, premises, vehicle or machinery and seize the matter.

Warrant

7(7)A justice who is satisfied by information upon oath that there are reasonable grounds to believe that in any place referred to in subsection (6) there exists matter that will afford evidence of an offence, may issue a warrant authorizing an officer and any other person named in the warrant to enter the place, search for the matter and seize it.

Officer's power without warrant

7(8)Notwithstanding subsection (6), an officer may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one, in which case the matter seized shall be brought before, or reported to a justice who will deal with it according to law.

Officer's power to detain

7(9)All matter seized under this section may be detained for a period of three months after the date of seizure, unless proceedings under this Act are taken, in which case the matter may be further detained until the proceedings are concluded.

Officer's power to stop vehicles

7(10)An officer may signal or request a person driving a vehicle or machinery to stop, and the person shall immediately bring the vehicle or machinery to a stop and remained stopped as long as the officer considers necessary in order to inspect the vehicle or machinery, to ensure the safety of occupants, or to facilitate wildfire protection operations.

Officer's power to close road

7(11)An officer may order that a highway or road be closed at any time in order to protect life or property or to facilitate wildfire protection operations.

Officer's power to conscript

7(12)An officer may order any able-bodied adult located in the vicinity of a wildfire to assist in wildfire protection operations when sufficient numbers of firefighters or volunteers are not immediately available.

Officer's power to commandeer and use equipment

7(13)An officer may order any person who owns, operates or has control of equipment to release it to an officer for the purpose of wildfire protection operations.

(a) start a fire that is likely to burn out of control, burns out of control, or endangers life, land or property;

(b) obstruct an officer, a temporary fire guardian or a person in charge of a wildfire protection operation in the performance of his or her duties;

(c) fail to follow the direction or order of an officer or person in charge of wildfire protection operations with respect to wildfire protection operations; or

(d) impede wildfire protection operations.

Prohibitions for fires used for agricultural purposes

12(2)No person shall cause a fire to be started in order to guard property, clear land, or burn debris, crops or stubble, unless the land on which the fire is started is completely surrounded by a strip of land not less than six metres wide, and

(a) the strip is free of inflammable material; or

(b) all inflammable material on the strip is covered by snow or water.

(i) without taking sufficient precautions to ensure that the fire can be kept under control, or

(ii) when weather conditions are conducive to a fire burning out of control;

(b) fail to take reasonable steps to prevent a fire from spreading;

(c) place any burning or smouldering matter in a place where it may cause a fire that may spread;

(d) conduct an activity that may cause a fire to spread; or

(e) leave the place where he or she has caused a fire to be started without ensuring that the fire is out.

Prohibition re destruction of fire fighting equipment

12(4)Unless permitted to do so by an officer, no person shall remove or interfere with equipment, a structure, sign or other thing intended to be used for wildfire protection operations.

PART 6

MUNICIPAL DUTIES AND RESPONSIBILITIES

Municipal responsibility

13(1)Subject to subsection (2), section 15, or an agreement made under section 6, a municipality is responsible for wildfire protection operations within its boundaries.

Municipality to obey officer

13(2)A municipality shall obey all orders of an officer regarding wildfire protection operations within its boundaries.

Municipal fire guardians

14A municipality may appoint and remunerate fire guardians to carry out its wildfire protection responsibilities under this Act, the regulations or a municipal by-law, and may cancel an appointment at any time.

Officer's power to override municipal wildfire protection operations

15Where municipal wildfire protection operations are in the opinion of an officer not adequate, the officer may do whatever is necessary to control and extinguish a wildfire.

Reimbursement for wildfire protection expenses

16The Crown is not obliged to reimburse a municipality for costs and expenses incurred in wildfire protection operations, but it may reimburse a municipality for costs or expenses incurred in wildfire protection operations made necessary by a wildfire that started on unoccupied Crown land.

Protection of municipalities

17(1)Subject to subsection (2), nothing in this Act imposes an obligation on a municipality to pay compensation for loss or damage as a result of wildfire protection operations.

Liability for wildfire protection operations

17(2)A municipality is liable to the Crown for costs and expenses in an amount the minister considers reasonable if the costs and expenses were incurred in wildfire protection operations as a result of an officer exercising his or her powers under section 15, or as a result of the municipality's request for assistance.

PART 7

BURNING PERMITS AND OUTDOOR FIRES

Application

18(1)Subject to subsection (2), this Part does not apply to cities, towns, villages or national parks.

Exception

18(2)This Part does apply to non urban areas of extended towns as described by regulation made under subsection 38(a).

Requirement for burning permit

19(1)Subject to subsection (5), no person shall start an outdoor fire in a burning permit area during the wildfire season, except under the authority of a burning permit.

Use of maps to designate burning permit areas

19(2)Land may be designated by regulation as a burning permit area and is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.

(d) ensure that at the site of the fire there are sufficient responsible persons and equipment to extinguish it if necessary; and

(e) extinguish all fires authorized by the permit on the cancellation, suspension or expiry of the permit.

Use of fire in emergencies

19(5)In an emergency, a person may, without a burning permit, start an outdoor fire for the purpose of cooking, keeping warm, or signalling for help.

PART 8

TRAVEL PERMITS

Area closure

20(1)In order to protect land, property or public safety during the wildfire season, the minister may order an area to be closed to entry or travel for a specified period of time, and shall make reasonable efforts to have the public notified immediately of the order.

Travel permit requirement

20(2)Subject to subsection (3), no person shall enter an area designated in an area closure order during the period specified in the order unless he or she has in his or her possession a travel permit issued under this section.

Exceptions to area closure

20(3)Except where ordered by an officer, a travel permit is not needed

(a) for travel by a resident of a closed area who is travelling through a closed area to and from his or her home by the most direct route;

(b) for travel on a provincial trunk highway or on a provincial road, within the meaning of
The Highways and Transportation Department Act; or

(c) by persons engaged in wildfire protection operations on behalf of the department or a municipality.

(b) issue a travel permit subject to conditions which bind the permittee; or

(c) cancel or suspend a travel permit at any time.

Restrictions on lakes during water bombing

21When an aircraft conducting water bombing operations is operating on a lake, no person shall approach, obstruct or interfere with the aircraft.

Wildfire emergency areas and evacuations

22Subject to The Emergency Measures Act, where in the opinion of the minister a wildfire emergency exists, he or she may declare an area to be a wildfire emergency area and order that persons be evacuated from the area or protected in any other way.

PART 9

WORK PERMITS

Work permit required

23(1)Subject to subsection (2), no person shall carry on the following work within a burning permit area except under the authority of a work permit identifying the land covered by the permit and describing the permitted work:

(a) an industrial operation;

(b) construction of a dam, bridge, or camp;

(c) construction or operation of a mill that produces timber products;

(d) an operation that is likely to cause the accumulation of slash or debris;

(b) issue a work permit subject to conditions which bind the permittee; or

(c) cancel or suspend a work permit at any time.

Duty of permittee

24The permittee shall keep the work permit or a copy of it on the work permit area and produce it to an officer when requested.

Officer's power re work stoppage

25Where an officer finds a person carrying on work described in subsection 23(1) without a work permit, the officer may order the person to cease work until a work permit is obtained.

PART 10

RAILWAYS

Canadian Transport Agency rules

26(1)The provisions of any order, rule or direction of the Canadian Transport Agency respecting the prevention and control of fires applies to any railway in Manitoba.

Railway responsibilities

26(2)Where a fire originates within 100 metres of the centre line of a railway track, the railway

(a) is presumed to have caused the fire unless satisfactory proof to the contrary is provided to the department;

(b) shall immediately

(i) attempt to extinguish the fire, and

(ii) report the fire to an officer; and

(c) is liable for all costs and expenses of extinguishing the fire incurred by the Crown or a municipality that constitute a debt due to the Crown or municipality.

Officer's powers re railway fires

26(3)A railway shall comply with all instructions given by an officer regarding wildfire protection operations.

Railway may obtain burning permit

26(4)Within a burning permit area during the wildfire season, a railway may not start a fire on its right-of-way except under the authority of a burning permit.

Entry on adjoining lands

26(5)Employees of a railway may enter upon land adjoining the railway right-of-way for the purpose of extinguishing a fire.

PART 11

MACHINERY, EQUIPMENT AND INDUSTRIAL OPERATIONS

Prohibitions re equipment

27(1)Within a burning permit area during the wildfire season, no person shall use or operate a machine, vehicle, boiler, smoke-stack, chimney, incinerator or other equipment without an effective means of preventing the escape of fire, sparks, or other emissions capable of resulting in fire.

Officer's power re equipment

27(2)For the purpose of fire prevention, an officer may, at any reasonable time and where reasonably required to determine whether equipment constitutes a fire hazard

(a) inspect equipment to determine whether it constitutes a fire hazard; and

(b) order the owner or operator of the equipment to cease its operation if it poses a fire hazard.

Prohibition against use

27(3)Unless the written approval of an officer is obtained, no person shall operate equipment which is the subject of an order under subsection (2).

Fire control plans

28(1)At the request of an officer, a person carrying on or having charge of an industrial operation within a burning permit area shall submit a fire control plan to an officer for approval.

Officer may suspend operation

28(2)An officer may suspend the operations of a person described in subsection (1) until an acceptable fire control plan has been submitted and approved.

(b) to pay compensation for loss or damage incurred by any party as a result of wildfire protection operations.

Civil rights

30Nothing in this Act affects the right of a person to bring and maintain a civil action for damages occasioned by a wildfire.

Cost recovery

31(1)Where the Crown or a municipality incurs costs, expenses, loss or damage as a result of

(a) wildfire protection operations;

(b) enforcing an officer's order which was not obeyed; or

(c) fire loss;

the Crown or the municipality is entitled to be reimbursed by the person who caused the Crown or the municipality to incur costs, expenses, loss or damage, and the amount of costs, expenses, loss or damage is a debt due and owing to the Crown or the municipality.

Proof of expenses

31(2)In an action by the Crown or a municipality under subsection (1), a copy of an entry in a book or record kept by the Crown or the municipality, or a copy of an itemized statement of costs and expenses prepared by the Crown or the municipality and certified by the minister or the mayor or reeve of the municipality, shall be admitted in the absence of evidence to the contrary, as proof of the entry or statement and of the matters, transactions and accounts recorded in it.

False statements

32No person shall make a false statement to an officer or provide a false statement in an application, permit or other document required under this Act or the regulations, and a permit issued as a result of a false statement is not valid.

Compensation for wildfire protection operation losses

33(1)Where an employee suffers loss or damage to personal property as a result of a wildfire while on duty in wildfire protection operations, the minister may compensate that person for the loss or damage.

Compensation for use of privately owned equipment

33(2)The minister may compensate an owner of equipment for its use under subsection 7(9), or for damage to the equipment as a result of its use, in an amount that the minister considers reasonable.

Appeal to minister

34A person may appeal to the minister from the following decisions of an officer, and the minister's decision is final:

(j) carries on work described in subsection 23(1) except under the authority of a work permit, or carries on work after a permit is suspended or cancelled;

(k) is engaged in permitted work under the authority of a work permit issued under subsection 23(4) and causes a wildfire to be started;

(l) starts a fire on a railway right of way within a burning permit area during a wildfire season without obtaining a burning permit;

(m) operates equipment described in subsection 27(1) without an effective means of preventing the escape of fire, sparks, or other emissions capable of resulting in fire;

(n) continues to operate equipment which is the subject of an order under subsection 27(2);

(o) carries on an industrial operation which has been suspended by an officer under subsection 28(2); or

(p) contravenes or fails to comply with a provision of this Act or the regulations.

Separate offences

35(2)A person, who carries on an operation for which a burning permit or a work permit is required without a permit is guilty of a separate offence for each day the operation is continued.

Persons guilty of offences

35(3)Every person is a party to, and guilty of an offence under this Act or the regulations who

(a) actually commits it;

(b) does or omits an act for the purpose of aiding any person to commit an offence;

(c) abets any person in commission of the offence; or

(d) counsels or procures any person to commit the offence.

Penalty

35(4)A person who is guilty of an offence under subsection (1) is liable on summary conviction,

(a) if an individual, to a fine of not more than $10,000., or imprisonment for a term of not more than one year, or both; and

(b) if a corporation, to a fine of not more than $50,000.

Restitution in addition to penalty

35(5)Where a person is convicted of an offence under this Act, the court may, in addition to imposing a fine or imprisonment, order the convicted person to reimburse the Crown or a municipality for costs incurred by the Crown or municipality in wildfire protection operations that were undertaken as a result of the person's acts or omissions that resulted in the conviction.

Certificate of minister

36(1)In a prosecution under this Act or the regulations for which proof is required respecting

(a) the issue or cancellation of a permit;

(b) whether or not a person is the holder of or is entitled to hold a permit;

(c) the appointment of an officer; or

(d) the service of a document, order, or notice;

a certificate signed by the minister is admissible in the absence of evidence to the contrary, as proof of the facts stated in the certificate and the authority of the minister without proof of the appointment or signature of the minister.

Certificate respecting examination

36(2)In a proceeding under this Act or the regulations, a certificate signed

(a) by a person in charge of a laboratory or meteorology station operated or maintained by the government of Manitoba or by the Royal Canadian Mounted Police; or

(b) by a person designated by the minister to perform the examination;

stating that the person has examined the matter and stating the results of the examination is admissible in evidence without proof of the signature, official character or qualifications of the person appearing to have signed the certificate and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate.

Minister may designate expert

36(3)The minister may designate a person whom the minister considers qualified to conduct examinations for the purpose of subsection (2).

Notice of certificate

36(4)A certificate under subsection (2) shall not be received in evidence unless the party intending to produce it has given to the accused reasonable notice of the intention together with a copy of the certificate.

Service

36(5)A certificate under subsection (2) may be served on the accused by registered mail sent to the address given by the accused to the officer when the accused was charged.

Same name

36(6)The fact that a person charged in an information laid under this Act has the same name as the person referred to in the certificate of the minister as being the holder of a permit, is in absence of evidence to the contrary, proof that the person so charged is the holder.

Limitation period

36(7)An information for an offence under this Act or the regulations may be laid at any time within two years after the date on which the offence is alleged to have been committed; but an information for failure to make a report under this Act or the regulations or for making a false statement on any application or on a report may be laid at any time after the offence is alleged to have been committed.

Description of offence

36(8)The description of an offence in the words of this Act, the regulations or in any similar words is sufficient for the purposes of an information laid for an offence under this Act or the regulations.

Defect in form

36(9)A conviction or order made in any matter arising under this Act or the regulations, either originally or on appeal, shall not be quashed for any defect in form.